Author Archives: rtushnet

Puzzle/IP overlap with character figures

Posted on April 3, 2018 by rtushnet

This delightful vintage puzzle contains whimsies in the shape of once popular cartoon characters–some I can ID, like Popeye, while others are more elusive.  Suggestions welcome. Add caption Upside down but complete from Blogger https://ift.tt/2uIHAwe

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Lost goodwill isn’t irreparable harm without more specifics, court says

Posted on April 3, 2018 by rtushnet

Alfasigma USA, Inc. v. Nivagen Pharmaceuticals, Inc., No. 17-cv-01974-MCE-GGH, 2018 WL 1567820 (E.D. Cal. Mar. 30, 2018) The parties make “medical foods,” which are intended to be used under a doctor’s supervision; subscriptions for their use are common though not … Continue reading →

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An actual jury verdict favoring plaintiff in false advertising case based on false patent claims

Posted on April 2, 2018 by rtushnet

Hillman Group, Inc. v. Minute Key Inc., No. 13-cv-00707, 2018 WL 1532526 (S.D. Ohio Mar. 29, 2018) Here’s a reminder that meaningless macho banter about the competition can come back to haunt you.  The parties compete in the self-service, automatic … Continue reading →

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Can the argument that third party users of a term are engaged in nominative fair use defeat a genericism claim?

Posted on April 2, 2018 by rtushnet

Illinois Tamale Co. v. El-Greg, Inc., 2018 WL 1534971, No. 16 C 5387 (N.D. Ill. Mar. 29, 2018) This case raises the interesting question of whether it’s possible to distinguish nominative fair uses from generic uses when looking at online … Continue reading →

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Timeshare company can sue anti-timeshare law firm under Florida unfair competition law

Posted on April 2, 2018 by rtushnet

Orange Lake Country Club, Inc. v. Castle Law Group, P.C., No: 17-cv-1044-Orl-31DCI, 2018 WL 1535719 (M.D. Fla. Mar. 29, 2018) Plaintiffs are entities involved in selling timeshares; defendants promise to help timeshare owners get out of their contracts. Defendants allegedly … Continue reading →

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Post-sale statements that prevent return of items can constitute advertising & promotion

Posted on April 2, 2018 by rtushnet

Boltex Manufacturing Co. v. Galperti, Inc., 2018 WL 1535199, No. H-17-1439 (S.D. Tex. Mar. 29, 2018) The parties compete in the market for carbon steel flanges.  Normalization is a heat treatment process that changes the physical composition of carbon steel … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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Open legal question doesn’t preclude fees award where manner of litigating is exceptional

Posted on March 30, 2018 by rtushnet

Tobinick v. Novella, 884 F.3d 1110 (11th Cir. 2018) The court of appeals held that the Octane Fitness standard for “exceptional cases” applied to Lanham Act cases, and that the District Court here didn’t abuse its discretion in awarding attorney’s … Continue reading →

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Walmart’s allegedly secret customer return blacklist could be misleading, unfair

Posted on March 30, 2018 by rtushnet

Maestas v. Wal-Mart Stores, Inc., No. 16-cv-02597-KJM-KJN, 2018 WL 1518762 (E.D. Cal. Mar. 28, 2018) Maestas allegedly bought a car battery from Wal-Mart that purportedly came with a replacement and refund warranty. When the battery malfunctioned and he tried to … Continue reading →

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